Litigation Law Roundup Sharp Thinking No. 194     Perspectives on Developments in the Law from Sharp-Hundley, P.C.     March 2021  Gratuitous Transfers Don’t Violate Citation Statute Gratuitous transfers for the benefit of the judgment debtor by citation respondents during the pendency of a citation to discover assets do not violate the restraining provisions of the…

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Mortgage Law Roundup Sharp  Thinking No. 193    Perspectives on Developments in the Law from Sharp-Hundley, P.C.    February 2021 General Description Of Improvements Held Sufficient Failure of the plaintiff to include in the mortgage foreclosure sale notice detailed information about the improvements on the property does not constitute such a failure in the notice…

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Sharp Thinking No. 192  ___   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   __   January 2021 7th Circuit Hands Down New Rules On Standing By John T. Hundley, Sharp Thinking Editor Dramatic changes in litigation under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (FDCPA) – and probably in federal…

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Happy Holidays! Sharp  Thinking No. 191  Perspectives on Developments in the Law from Sharp-Hundley, P.C.  December 2020 Crack Develops In Rule Against Divorce Contingent Fees The rule against contingency fees in marriage dissolution matters may be crumbling. That’s the implication from a recent decision from the Appellate Court in Chicago.  Grund & Leavitt, P.C. v.…

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SharpThinking No. 190  Perspectives on Developments in the Law from Sharp-Hundley, P.C.  November 2020 High Court Reaffirms Successor Liability Rule By John T. Hundley, Sharp Thinking Editor Illinois’ traditional doctrine on corporate successor liability – not the federal doctrine on that subject – applies to claims arising under the Illinois Human Rights Act (775 ILCS…

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Banking Law Roundup Sharp  Thinking No. 186  Perspectives On Developments In The Law From Sharp-Hundley, P.C.  August 2020 One-Year Statute Controls TILA Rescission Suit A debtor’s right to file suit to rescind a mortgage under § 1635 of the federal Truth-In-Lending Act (“TILA”) (15 U.S.C. § 1635) should be subject to a one-year statute of…

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Litigation Law Roundup Sharp   Thinking No. 185   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   July 2020 Court Limits Specific Jurisdiction Doctrine An Illinois court may not exercise specific personal jurisdiction over out-of-state defendants on behalf of out-of-state plaintiffs where the claims at issue do not “arise out of,” or “relate to,” the defendants’…

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Focus On Contract Law Sharp  Thinking No. 184   Perspectives on Developments in the Law from Sharp-Hundley, P.C.    July 2020 High Court Affirms Restore Decision; Holding Unclear By John T. Hundley, john@sharp-hundley.com The Illinois Supreme Court has affirmed the Appellate Court’s decision in Restore Constr. Co. v. Bd. of Ed. of Proviso Tp. H.S. Dist.…

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SharpThinking No. 183    Perspectives on Developments in the Law from Sharp-Hundley, P.C.     June 2020 Appellate Court Tells Privilege Waiver Rules By John T. Hundley, 618-242-0200, john@sharp-hundley.com             Selby v. O’Dea, 2020 IL App (1st) 181951, discussed on other points in Sharp Thinking No. 182 (May 2020), looks to…

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SharpThinking No. 182   Perspectives on Developments in the Law from Sharp-Hundley, P.C.     May 2020 Courts Crack Down On Summary Judgment Affidavits By John T. Hundley, John@sharp-hundley.com Litigators frequenting Illinois state courts had best beware: the requirements for affidavits supporting and opposing motions for summary judgment increasingly are being interpreted strictly. That’s the message being…

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